Andreas Gunst
Andreas is an energy, projects and finance practitioner qualified in England & Wales. He has both in-house and private practice experience. His practice areas cover the entire energy value chain, including upstream oil and gas exploration, production, transportation and trading (both OTC and exchange); electricity generation projects from conventional and renewable energy sources; electricity transmission, distribution, trading (both OTC and exchange) and supply; and emission reduction projects and environmental securities, allowance and certificate trading as well as related regulatory advice.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2003
Membership
- Member of the Legal Advisory Task Force of the Energy Charter Secretariat
- Appointed to the Energy Sector Specialist Panel of the Energy Community Secretariat
- Chair of the Drafting Committee for the European Federation of Energy Experts (EFET)
- Chair of the RECS International Legal Task Force
- Chair for the Gas Transportation Committee of the Association of International Petroleum Negotiators (AIPN)
- Chair of Carbon Markets and Investors Association (CMIA) EU Emissions Trading Scheme working group
Education
- Georg August University Gttingen, Juristisches Staatsexamen, 2000
- Centre for Energy, Petroleum and Mineral Law and Policy, LL.M. Energy Law, 2001
3 Contributions by Andreas Gunst
PRACTICE NOTES
Great Britain Electricity Licensing: Generation, Transmission, Distribution, Supply, Interconnectors/MPIs, Smart Metering Communications, System Operator, Application Process, Licence Lite and Exemptions
For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers in-depth discussion of matters addressed in this Practice Note.
What are the general electricity licensing requirements?
Section 4 of the Electricity Act 1989 (EA 1989) obliges parties carrying out certain activities in the electricity sector to hold a licence, with further particulars set out in the sections below. EA 1989, s 4(2) states that undertaking licensable activities without being authorised by a licence is an offence. Under EA 1989, s 4(2), a person convicted of such an offence is liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine. The Office of Gas and Electricity Markets (Ofgem) publishes the licences of all licence holders under EA 1989 in its Electronic Public Register. Ofgem also maintains a publicly-available list setting out the categories of all the electricity (and gas) licences it oversees, together with the conditions to which licensees are subject under those licences...
Energy
PRACTICE NOTES
Great Britain electricity market: legal and regulatory guide to wholesale, networks and retail; participants, licensing and codes; REMA and net zero; interconnectors, capacity market, CfDs, price caps and smart metering
This Practice sets out an introduction to the electricity market in Great Britain (GB). It outlines the main organisations and types of organisation active in generation, transmission, international interconnection, distribution and supply, covering the GB electricity wholesale market, electricity retail market and electricity networks market, while also describing the roles of key industry stakeholders. In view of the GB electricity market’s complexity, this Practice Note presents an overview of the principal authorities and market participants in the GB wholesale and retail electricity markets. As many participants have complex ownership structures, this Practice Note, where needed, refers to the parent company. Where relevant, references include links to key sources and statistics. For a consolidated set of links to the latest key statistics published by DESNZ for the GB energy market, see Statistics at DESNZ.
Brexit impact
As at 31 January 2020 (exit day), the UK ceased to be an EU Member State, and 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period that followed the UK’s withdrawal from the EU. At that moment in time (referred to in UK law...
Energy
PRACTICE NOTES
Regulatory overview of LNG and CNG vehicle fuels in the UK: post-Brexit assimilated law, infrastructure and policy
Brexit impact
At 11 pm (GMT) on 31 December 2020, the transition/implementation period that followed the UK’s withdrawal from the EU concluded. In UK law this moment is called ‘IP completion day’. From that point, key transitional provisions ended and substantial changes started to apply across the UK’s legal framework. Any changes relevant to this content are set out below.
On IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) introduced a distinct category of domestic UK law—retained EU Law (REUL)—consisting of EU-derived rights and legislation preserved in the UK after Brexit.
On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) received Royal Assent. REUL(RR)A 2023 alters the treatment of REUL by:
revoking substantial amounts of REUL from 31 December 2023
re-labelling REUL as ‘assimilated law’ from 1 January 2024
creating new powers in relation to assimilated law
The re-categorisation of REUL (and related terms) to assimilated law signals a shift in its status and treatment within UK law, such that it is, in general, to be interpreted according to ordinary domestic law and principles...
Energy
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